Connor Lenihan & Immigration

sovtek

It seems if you a few grand laying around then all this immigration hassle isn't necessary...Bertie'll sort ya out. :P

MadsL

http://www.irishtimes.com/newspaper/breaking/2008/0725/breaking40.htm

The Department claimed last month that the Akrich case stated that to avail of the freedom of movement of EU workers and family members a “non-EU citizen must be lawfully resident in a member state when he moves to another member state to which the citizen of the Union is migrating or has migrated”.

The court rules "not conditional on their having previously resided in a member state".

"The directive applies to all union citizens who move to or reside in a member state other than that of which they are a national, and to their family members who accompany them or join them in that member state. The definition of family members in the directive does not distinguish according to whether or not they have already resided lawfully in another member state," the ruling stated.

The court also held that a "non-community" spouse of an EU citizen who accompanies or joins that citizen in the host country can benefit from the directive "irrespective of when and where their marriage took place and of how that spouse entered the host member state".

Deservedly slapped....:D

Now can we have less of this 'grace and favour' approach from GNIB...

MadsL

Minister for Integration Conor Lenihan has said that Ireland must not make the same mistakes other countries have with regard to immigration.

Speaking today on RTE Radio, Minister Lenihan said: “We have come through intense period of economic growth and inward migration. In the next few years we have to get it right and not make the same kind of mistakes they made in France, Holland, Germany, Britain.”

http://www.breakingnews.ie/ireland/mhqlkfmhmhql/rss2/

Or the mistake of completely 'misinterpreting' EU law and booting out people with a right to live and work in this country Mr Lenihan?

cabinteelytom

The ECJ ruling of 25-7-08 condemning procedures wrt third party nationals is a national humiliation.
With shock we have learned that people barely arrived in the country have better lawyers than those advising the Government on the drafting of legislation.
This is a very poor return for the enormous fiscal investment in law degrees made by the Irish state. For piy's sake, any two of us couldn't talk in a pub without holding a dialogue that would grace a SC's chambers.
The Government should not have fought the case in the ECJ if it was hopeless. Studying the ruling now is all very appropriate, but one would expect there was a Plan B already in preparation, 'in case the ruling goes against us'.
In this instance the Govt's aims were worthy, to obstuct sham marriages, but the method was clearly clumsy, or perhaps just overwhelmed.
36 years in the EU. We should know how to play the EU game by now.

djpbarry

cabinteelytom wrote: »

In this instance the Govt's aims were worthy, to obstuct sham marriages, but the method was clearly clumsy, or perhaps just overwhelmed.

"Obstructing" sham marriages is virtually impossible - how do you prove that two people do not really want to marry?

MadsL

how do you prove that two people do not really want to marry?

Very clearly you do NOT do it by the mechanism that the Govt employed - sending out a letter to every non-EU spouse of an EU citizen asking them to detail why they should stay in the country. Not only has it been shown now that this broke EU law, but the arbitary nature of the decisions was absurd.

Can you imagine getting this letter in the post?

Now - there are mechanisms to prevent sham marriages that have been well tested and used in other countries; for example evidence of cohabitation, evidence of jointly held assets, jointly filed income tax returns, evidence of holidaying together, joint purchases etc.

Dept of Justice should be ashamed of their behaviour towards non-EU spouses of EU nationals.

sovtek

MadsL wrote: »

Very clearly you do NOT do it by the mechanism that the Govt employed - sending out a letter to every non-EU spouse of an EU citizen asking them to detail why they should stay in the country. Not only has it been shown now that this broke EU law, but the arbitary nature of the decisions was absurd.

Can you imagine getting this letter in the post?

Now - there are mechanisms to prevent sham marriages that have been well tested and used in other countries; for example evidence of cohabitation, evidence of jointly held assets, jointly filed income tax returns, evidence of holidaying together, joint purchases etc.

Dept of Justice should be ashamed of their behaviour towards non-EU spouses of EU nationals.

I think they were hoping on other EU governments support in this situation to rule the day instead of a correct interpretation of the law. I heard that many cases were plea bargained to keep families out of the court that had been here and above board. That is why the four families brought before the ECJ had cases where the non-eu was at some point not legally in Ireland. A very cynical and purposeful floughting of EU law. I just wonder if Justice will accept that they can't keep pissing on people with legal right to be here or will they just come up with another ploy to screw people over (and waste court time and taxpayers money).
My money is on the latter.

sovtek

cabinteelytom wrote: »

In this instance the Govt's aims were worthy, to obstuct sham marriages, but the method was clearly clumsy, or perhaps just overwhelmed.

The sham marriage ploy is an excuse. Every aspect of immigration at the moment is a cynical and atrocious attempt to keep foriegnors from getting some form of permanence and security in Ireland.
Put that with the criminally long waiting times for residence and citizenship and picture of willfull intent emerges.

MadsL

Please Note: This is an interim arrangement pending the outcome of a European Court of Justice hearing on 3 June 2008 concerning the lawfulness of Regulation 3.2 of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (i.e. prior lawful residence in another Member State of the EU)

http://www.inis.gov.ie/en/INIS/Pages/WP07000228

Any bets on when this page will change??